*** Applying for your Title Deeds ***

General questions & discussions on Cyprus property related matters
Pantheman
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Re: *** Applying for your Title Deeds ***

Post by Pantheman »

Dear Chateau,

so sorry to hear about your wife.

The simple answer is, you will need to do probate in order to effect any assets your late wife had into your name. I understand you have a will, was this just for you Cyprus assets?? Since you would have needed a clause in it to say you wanted the will executed under British law, otherwise the Cypriot laws of succession will be used and if you have any children, your wife's share will be divided equally between you and the kids.

You need legal advice.

As for the payment of transfer fees, under the trapped buyers law you get a 10% discount on the transfer fees, however, the law on transfer fees also says that if vat was paid on the property NO TFs are paid under normal transfer. That said it make no mention if this also applies under the trapped buyers law.

Hope that helps.
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Chateau
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Re: *** Applying for your Title Deeds ***

Post by Chateau »

Thank you for your response.

Our wills stipulate they are executed under British law. We have no assets in Uk so the will covers what we have here. I am the beneficiary.

You mention 10% discount on transfer fees under the Trapped Buyers law - can you clarify if this is the additional amount to the basic 50% deducted or I am only entitled to 10% for some reason?

We have had the house since 2009. The builder declared himself bankrupt and has made no effort to get deeds hence application under Trapped Buyers law to get them.
Nigel Howarth
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Re: *** Applying for your Title Deeds ***

Post by Nigel Howarth »

Dear Chateau

My condolences on the loss of your wife.

The 10% reduction applies if you pay the transfer fees within 60 days of the Land Registry advising you they are ready and is in addition to the 50% reduction (which applies if you DID NOT pay VAT.)

The Department of Lands & Surveys has an online Transfer Fees Calculator​​​​​​​​​​​​​​​​​​​​ that will give you a good idea of what you're likely to be asked to pay.

Note that your late wife's share of the the property cannot be transferred to your name or sold until the court has issued a grant of probate.

Who did your late wife appoint as her executor (or administrator) in her will?

- If it was yourself then you can find a lawyer to submit the probate application to the court and get a quote for the work involved.

- If it was a lawyer you need to be wary. Some lawyers are still using the minimum fees regulations, which use the value of the estate to calculate their fees. The Cyprus Bar Association was forced to abandon these regulations two years ago following a successful complaint to the European Commission.

Regards,
Nigel Howarth
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Pantheman
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Re: *** Applying for your Title Deeds ***

Post by Pantheman »

Nigel,

your comment :

'The 10% reduction applies if you pay the transfer fees within 60 days of the Land Registry advising you they are ready and is in addition to the 50% reduction (which applies if you paid VAT.)'

The 50% is if you paid NO vat , if you paid vat you are supposed to be free from any TFs, but the law doesn't say by what method.

In any case, I am suspicious about the 10% being added to the 50%, do you know anyone who has had this??
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Nigel Howarth
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Re: *** Applying for your Title Deeds ***

Post by Nigel Howarth »

Thanks Pan

I've corrected my reply - I don't know what I was thinking. I've heard from one person who got the additional 10%. But this was quite soon after the law came into force.

The 10% is still being stated on the DLS website. Page 14 of Enclaved Buyers. Also in the Greek language version.

Regards,
Nigel Howarth
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Pantheman
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Re: *** Applying for your Title Deeds ***

Post by Pantheman »

Nigel Howarth wrote: 30 Dec 2020 21:19 Thanks Pan

I've corrected my reply - I don't know what I was thinking. I've heard from one person who got the additional 10%. But this was quite soon after the law came into force.

The 10% is still being stated on the DLS website. Page 14 of Enclaved Buyers. Also in the Greek language version.

Regards,
Yes, I understand they give you a 10% discount, but what it doesn't say is if it is in addition to the 50% (no vat paid) or not.
For all your property needs, we offer Trust, Integrity, Honesty.
FSB Properties Ltd
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Nigel Howarth
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Re: *** Applying for your Title Deeds ***

Post by Nigel Howarth »

In my article, which was checked by the DLS, I wrote:

"Within the 60 day notice period the buyer may attend the DLO without the vendor being present and pay the Property Transfer Fees. The buyer may opt to pay the full amount, in which case their transfer fees will be reduced by 10%, or opt to pay the transfer fees in 12 equal monthly instalments."

So I would say it's 50% plus a further 10%

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Nigel Howarth
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studuck
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Re: *** Applying for your Title Deeds ***

Post by studuck »

Hi Nigel

I wonder if you can give me some advice? I am looking to help resolve an issue for my mother who purchased an appartment in Paphos in 2008 and has been struggling ever since to obtain title deeds and she now wants to sell.

The developer went into liquidation however it looks like some of the other appartment owners may well have managed to obtain their title deeds. I believe "the administrators may have signed paperworkk, municipality issued completion certificate and that owners have followed the trapped buyers process". I'm not sure what all this means.

Is there a way I can make progress on this from here in the UK? I'm not sure what I need to be asking and who I need to ask.

Many thanks

Stuart
Nigel Howarth
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Re: *** Applying for your Title Deeds ***

Post by Nigel Howarth »

Hi Stuart and welcome to the forum

If other owners of apartments in the same block as your mother have managed to obtain their Title Deeds, it's almost certain that the deed for your mother's apartment has been issued. (Because the authorities issue deeds for all apartments in a block at the same time.)

Unfortunately you can't apply for the deed from the UK.

If your mother is living in her apartment, she needs to follow the guidance I published a few years ago - Applying for Title Deeds (update 17 May).

If she isn't in Cyprus and isn't able to visit, she needs to appoint a Power of Attorney to act on her behalf. If you are able to visit Cyprus, she could appoint you; if not she should appoint a lawyer. As the apartment's in Paphos, I suggest she gets in touch with the firm of L.G. Zambartas' Paphos office.

L Zambartas is Louise (a dually qualified English lawyer) who I've known for many years who together with Afrodite Charalambides is representing me in another matter as we speak. (The firm is also listed on the list of English-speaking lawyers provided by the UK Foreign Development and Commonwealth office.)

The lawyer will draw up a Power of Attorney document and send it to your mother who will then need to get it certified by a 'Certifying Officer' (a Cyprus government appointment.) You can read more about this on the Cyprus High Commission in the UK website and return it to the law firm.

Regards
Nigel Howarth
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studuck
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Re: *** Applying for your Title Deeds ***

Post by studuck »

That's really useful Nigel - thanks for taking the time to respond.

My mother had a lawyer she was using in Paphos so I will approach them in the first instance.

One complication is that my mother lives in Corfu - and they do not appear to have a Cypriot Consulate. Is there another way of getting the document certified?

Stuart
Nigel Howarth
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Re: *** Applying for your Title Deeds ***

Post by Nigel Howarth »

Hi Stuart

I don't know how your mother can get a document certified in Corfu. I suggest she contacts the Cypriot Embassy in Athens for advice.

Regards,
Nigel Howarth
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